How to Handle Recalled Cannabis Product

Today, December 31, brings with it not only celebrations of the close of 2018 but also new testing laboratory requirements from the Bureau of Cannabis Control (BCC). This is the third tranche of testing requirements set forth by the regulatory body.

We’ve commented before on how to handle cannabis products that have failed testing requirements, and other non-compliance issues. But how does one handle recalled cannabis product (both voluntary and State mandated)? If a testing laboratory is found to have falsified testing results (like the incident with Sequoia Labs earlier this year) what happens to the recalled product? Is it any different than voluntary recalls of cannabis products?

According to recall notices sent out by the BCC to distributors and retailers in the case of Sequoia Labs,

“All cannabis goods returned by customers or remaining in your inventory from these batches must be destroyed, or returned to the distributor from whom the batch was received,” it said, adding that all remaining inventory should be destroyed or retested pending approval by the bureau.

§40268 of the California Department of Public Health (CDPH) regulations address the recall process. The text below dictates destruction procedures.

(d) Procedures for the collection and destruction of any recalled product. Such procedures shall meet the following requirements:

(1) All recalled products that are intended to be destroyed shall be quarantined for a minimum of 72 hours. The licensee shall affix to the recalled products any bills of lading, shipping manifests, or other similar documents with product information and weight. The product held in quarantine shall be subject to auditing by the Department.;

(2) Following the quarantine period, the licensee shall render the recalled cannabis product unusable and unrecognizable and dispose of it in accordance with Section 40290, and do so on video surveillance in accordance with Section 40205.

(e) In addition to the tracking requirements set forth in Section 40512, a licensee shall use the track-and-trace database and on-site documentation to ensure that recalled cannabis products intended for destruction are identified, weighed, and tracked while on the licensed premises and when disposed of in accordance with this section. For recalled cannabis products, the licensee shall enter the following details into the track and trace database: the weight of the product, reason for destruction, and the date the quarantine period will begin.

GAIACA can assist distributors and retailers in compliant disposal of recalled cannabis products. With our Type-11 license, GAIACA is able to pick-up unrendered recalled product and compliantly process and dispose of it on behalf of the operator.

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